Sample complaint to the prosecutor's office regarding housing and communal services: how to file, grounds

It is the responsibility of every citizen who uses housing and communal services to pay for them. Most citizens do not pay due attention to incoming payments and pay the receipt without checking them, and housing and communal services employees very often provide incorrect data and demand payment for services in a larger volume than they were provided. If you notice errors in the calculations, then you need to contact the housing and communal services representative with a request to recalculate, and if a refusal is received, you can complain to the prosecutor's office.

In this article we will tell you how to complain to the prosecutor’s office about housing and communal services, but before that you need to consider a sample complaint and in what cases you can send a complaint.

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How to file a complaint to the prosecutor's office regarding housing and communal services

If you were incorrectly calculated the cost for the utilities used, and the application to the housing and communal services did not give the desired result, then you can contact the prosecutor's office, but before that you need to find out the necessary information, which includes the full name of the prosecutor's office, full name. and the rank of prosecutor, as well as information about the organization providing housing and communal services.

Now let’s look at a sample complaint to the prosecutor’s office for housing and communal services. Such a complaint does not have a strictly established form, but it is subject to certain requirements, failure to comply with which may result in refusal to consider the application. The complaint against housing and communal services must include the following information:

Full name of the authority to which the application is submitted;
FULL NAME. the prosecutor charged with considering the complaint;
Personal and contact details of the applicant;
Information about the organization that issued the incorrect utility bill;
Legal address of the organization and contact information;
Description of the current situation;
What rights were violated by the tenant;
The requirements put forward and their justification from the point of view of the law;
List of attached documentation;
Date of document preparation and signature of the applicant.

Collective complaints are considered as a matter of priority and when filing such a complaint, the signatures and addresses of all residents who agree with the specified information must be present.

When drawing up a complaint to the prosecutor's office regarding housing and communal services, it is important to follow the rules for writing official business documents. You should avoid overly emotional presentation of what happened, and do not use obscene language or insults. Particular attention should be paid to the description of what happened. It should definitely be pointed out that attempts were made to resolve the current situation directly with the housing and communal services, but a refusal was given. It would also be a good idea to contact a qualified lawyer who will help you correctly describe the situation, provide evidence of violation of rights, and justify the requirements from a legal point of view.

There are several ways to send a complaint about housing and communal services to the prosecutor's office. You can personally visit the prosecutor's office, but more convenient ways to file a complaint are to send documents by mail or file an electronic complaint. In the last two cases, there is no need to visit the prosecutor’s office, which allows you to save personal time. The application must be sent by registered mail with subsequent notification of delivery. In the case of an electronic complaint, there is a restriction that does not allow filing a collective appeal. To file a collective complaint against housing and communal services, you must visit the prosecutor's office in person.

Sample

Sample complaint about actions and inactions of housing and communal services.doc Sample collective complaint.doc

Procedure for drawing up an appeal

In order for your application to be accepted, follow the rules for completing it:

The document can be written by hand or typed on a computer and then printed.
If you write text by hand, make sure your handwriting is legible. Use blue or black ink.
When typing on a computer, use standard fonts.
Be sure to add your personal signature at the end of the document. If the complaint is of a collective nature, i.e. is compiled by a group of residents of an apartment building, it must contain a visa with a transcript of each of them.
When presenting the situation, avoid being overly emotional. Give preference to dry facts, insert links to articles of regulations, clauses of the contract for managing a residential building.

Use the following logic for composing a request:

Indicate in the upper left corner to which prosecutor general's office the document is being sent, and which prosecutor will consider it. Enter your full name and permanent registration address.
Next, write “Complaint” in the middle of the new line.
Please indicate what your complaints are. For example, there is stagnant water in the basement of the house, there are power outages, the rent has unreasonably increased by 1.5 times, etc.
Refer to the regulations whose provisions regulate the current situation (for example, Article 161 of the Housing Code of the Russian Federation).
Set out the specific requirements for the appeal: consider the complaint, conduct a prosecutorial investigation into the violation, oblige the Criminal Code to take measures to eliminate the problem, give a written response based on the results of the investigation.
At the end of the document, put the date of compilation and your personal signature. If there are applications, list them.

The complaint must indicate that peaceful methods were tried to resolve the issue: the problem was reported to the management of the management company, it was discussed at meetings of residents. A copy of the complaint previously sent to the violating organization is attached to the application to the Prosecutor General's Office.

A sample complaint can be downloaded below. If the issue is of great importance to you, seek the help of a lawyer.

List of attached documents

As we have already said, in order to substantiate the requirements, it is necessary to collect evidence of unlawful actions on the part of housing and communal services employees. The desired result can be achieved if you provide the following documents:

Technical passport of the apartment (for all apartments when filing a collective complaint);
Agreement for the provision of utilities;
Confirmation of ownership of the applicant’s apartment;
Copies of receipts confirming payment of utility services;
A copy of the claim sent to the head of the housing and communal services as evidence of attempts made to resolve the issue;
Housing and communal services response to the submitted claim (if any).

Main responsibilities of the housing inspection in 2018

What does a housing inspection do? The main responsibilities of any housing inspection include the following:

State housing supervision and municipal housing control (Article 20 of the Housing Code of the Russian Federation);
Control over the proper use, repair and maintenance of housing stock;
Licensing of business activities for the management of apartment buildings;
Licensing control over the implementation of business activities for the management of apartment buildings;
Checking the condition of the housing stock;
Preparation of reports on the condition of the housing stock;
Preparation of proposals to improve the maintenance of housing stock.
Coordination of reconstruction and redevelopment of premises in apartment buildings and residential buildings.

Thus, you have the right to contact your local housing inspectorate to resolve issues in the following areas:

maintenance and repair work
Monitoring the preparation for seasonal use of municipal equipment;
Monitoring compliance with standards for the consumption of utility services;
Compliance with the rules for declaring housing unfit for habitation and transferring it to non-residential.
Technical condition of an apartment building and communal equipment;
Operation of an apartment building and adjacent areas.

Who has the right to file a complaint against housing and communal services?

In order to consider an application to the prosecutor's office, you must adhere to certain requirements. It is worth understanding that the circle of people who have the right to file a complaint has some restrictions. All home owners whose rights have been violated can complain to housing and communal services. This right also

Persons living in the house on a permanent basis;
Citizens registered in the house, but temporarily residing elsewhere;
Apartment owners living elsewhere;
Organizations and individual entrepreneurs who own residential space.

It is worth recalling that citizens living in an apartment under a lease agreement do not have the right to file a complaint with the prosecutor’s office regarding housing and communal services, since they are not the owners of the living space.

Collective statement

An appeal against the inactions of the housing inspectorate is possible by several people at the same time. In this case, one general document is drawn up, which is signed by all residents whose rights have been violated. The only difference is the listing of all victims. Collective appeals are considered more effective.

The prosecutor can file a claim in court to protect the rights of several people at the same time. If the victims themselves go to court, the claim lists information about each of them.

Preparation of evidence

Particular attention should be paid to the preparation of evidence confirming the fact of violation of rights by the property owner. A list of violations by housing and communal services should be compiled in advance, and the violation should be supported by a reference to the violated legal norms. It would be a good idea to contact a lawyer who will help identify violations and indicate which documents will be evidence of violations.

Not only witness statements, but also other documents can be used as evidence. An agreement with housing and communal services and receipts with incorrect calculations will be enough to bring violators to justice. The prosecutor's office will check the data in the receipts for compliance with the internal documentation of the organization, and if violations are identified, they will demand that they be eliminated.

If the basis for the appeal is repairs and overestimation of its cost, then an estimate should be provided as evidence, which can be requested from the company that carried out the repairs. Identification of inconsistencies in the estimate and inflated cost of repairs will be grounds for initiating a criminal case.

Review period

Making a decision on filing a complaint with the prosecutor's office can take quite a long time. After the application is submitted to the department, it must be registered within 3 days. Next comes the review period, which in most cases takes 15 days. If additional checks are required and there is a need to request documentation, the period can be extended to 30 days. It is the responsibility of the prosecutor's office to inform the applicant about the increase in terms and justify the reasons.

The prosecutor's office is responsible for reviewing all applications that are not submitted anonymously. If the applicant has not disclosed his or her identity, consideration will be denied. In cases where, after filing an appeal, the applicant may be in danger, it is possible to conceal the identity of the applicant.

Grounds for refusal

There is a list of grounds for refusing to consider a complaint about housing and communal services to the prosecutor's office. The complaint will remain unanswered if:

The applicant did not disclose his identity;
Consideration of the submitted appeal is not the responsibility of the prosecutor's office;
Use of obscene language;
The demands have no basis.

Do not confuse refusal to consider a complaint with cases when the application is returned to the applicant. Sometimes the prosecutor requires additional information and the application is returned to ensure that all necessary information is provided.

The application is sent to the applicant if:

It does not reflect all the necessary information;
There is not enough evidence to confirm the violation of citizens' rights;
It is impossible to make out the essence of the statement due to illegible handwriting;
There are marks on the paper or it has been damaged.